SUBJECT: Constructive Discharge CaseRecent change in company policy on shift work requires production staff to work rotating 12-hour shifts with four work days , then four days off to meet increasing customer demands. caused the employee to resign. The employee's constructive dismissal suit claimed the policy change was discriminatory because it required employees to work on a religious holy day, thereby creating intolerable working conditions that forced the employee to resign rather than suffer further harm. abuse. This is why constructive dismissal as a legal concept is relevant to the scenario. Title VII of the Civil Rights Act of 1964 protects employees and applicants of businesses with 15 or more employees from unlawful employer employment practices that discriminate on the basis of race, color, religion , gender and national origin. This law also created the Equal Employment Opportunity Commission (EEOC), an independent federal agency that enforces laws against discrimination in the workplace. Courts have developed two different tests to determine when an employee has been constructively terminated by a discriminatory employer (Finnegan, 1986):1. The reasonable person test or majority view: An employee who resigns after being subjected to unlawful discrimination is considered to have been constructively dismissed if a reasonable person would have found the discriminatory conditions intolerable.2. The Specific Intent or Minority View Test – a plaintiff must demonstrate not only that the conditions were intolerable, but also that the employer created those conditions with the specific intent of forcing the employee to resign. Company Response An employee seeking a religious accommodation must do... ... middle of paper ...... prevent legal action by acting on complaints in a timely manner - ensuring that complaints be heard and processed within 30 days. The company must be vigilant and ensure that proper documentation of meetings, consultations and decisions is followed in order to protect its interests should a similar situation like this arise in the future. References: Finnegan, S. (1986). Constructive discharge under title vii and adea. The University of Chicago Law Review, 53(2), retrieved from http://www.jstor.orgU.S. Equal Employment Opportunity Commission, (2008). Article 12, religious discrimination (no. 915.003). Retrieved from http://www.eeoc.govVeronica Taylor v. Patuxent Institution, No. CCB-09-1111 (D. Md., 2009)David A. Goldmeier and Terry C. Goldmeir v. Allstate Insurance Company, 337 F. 3d 629 (6th Cir. 2003).